Supreme Court of India

Rasheeda Khatoon (d) through Lrs. v. Ashiq Ali S/o Lt. Abu Mohd (d) through Lrs.

Neutral citation
Reported as [2014] 11 S.C.R. 31
Bench Dipak Misra and Vikramajit Sen JJ.
Decided 10 October 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the aforesaid premises, we, though for different reasons, affirm the judgment and decree of the High Court and dismiss the appeal as a consequence of which the suit of the plaintiff stands dismissed.

Judgment, page 19

From the headnote

Mohammedan Law - Oral gift (Hiba) - Validity of - Suit for declaration as owner in possession - On the basis of oral gift which was later mentioned in written gift (unregistered) - Held: To make a gift valid, there has to be actual or constructive possession by the donee - The plaintiff did not prove either actual or constructive possession - Hence, suit not liable to be decreed. Constitution of India, 1950 - Article 136 - Jurisdiction under- Scope of- Interference with concurrent finding of facts - Held: Is permissible if the conclusion on factual aspects are manifestly perverse or

Where later benches applied it

Of those, 1 relied on

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